Riley v. Standard Oil Co. of Indiana

252 N.W. 183, 214 Wis. 15, 1934 Wisc. LEXIS 49
CourtWisconsin Supreme Court
DecidedJanuary 9, 1934
StatusPublished
Cited by2 cases

This text of 252 N.W. 183 (Riley v. Standard Oil Co. of Indiana) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Riley v. Standard Oil Co. of Indiana, 252 N.W. 183, 214 Wis. 15, 1934 Wisc. LEXIS 49 (Wis. 1934).

Opinion

Rosenberry, C. J.

The four principal contentions of the defendant may properly be stated together since a solution of the questions raised by them requires an examination of the facts in some detail.

It is contended, first, that there was no connection between the negligence claimed and the burning of plaintiffs’ property, that is to say, that there was no showing that the failure of defendant to spade the ground or to cut the grass and weeds between the warehouse and the south line of defendant’s property had any causal relation to the fire; second, that there 'is no evidence to sustain, except upon conjecture, the conclusion that the Lemley and Riley houses were ignited by materials carried to them from the burning warehouse; third, that no actionable negligence on the part of the defendant is proven; and fourth, that assuming negligence on the part of the defendant and causal connection between this negligence and the burning of defendant’s warehouse, and assuming further that burning particles of oil ignited the Riley house, the results were so unusual and abnormal so far as plaintiffs’ injuries were concerned as to exclude the element of foreseeability.

In outline, the facts are that the defendant used a large wooden building in the city of Wisconsin Rapids for the storage of barrels of oil, grease, and other inflammable [18]*18products. To the north and east there were a considerable number of dwelling houses and other structures situated within three to four hundred feet of the warehouse. South of the warehouse and for a considerable distance west of it there were vacant lots grown up to weeds and grass. Between the south end of the warehouse building and the south line of defendant’s property was a strip of land twenty-five feet in width, and a cinder driveway twenty-seven feet in width leading north to a city street ran along the west side of the warehouse. From this it appears that there was substantial protection to the warehouse from a running grass fire on the west and that there was a space of twenty-five feet on the south, which if grown to weeds and dry grass could easily communicate a grass fire to the defendant’s warehouse. Plaintiffs’ property is some four hundred feet northeast of the warehouse of the defendant and lies across Grand avenue, which is a full-width paved street. For some considerable time — some of the evidence indicates as much as a year and a half — prior to the day in question, there had been a smoldering fire in a peet bog some distance south and west of defendant’s warehouse. This fire would occasionally light up and the fire department of the city of Wisconsin Rapids would then attempt to extinguish the fire but were never wholly successful. On the day in question just before noon, this fire started up, and because of a strong southwesterly wind, variously rated at from twenty to twenty-five miles per hour, it got out of control and swept through the dry grass, weeds, and other vegetation in the direction of defendant’s warehouse. Some distance south of the defendant’s warehouse was the building known as the engine house of the old Bender mill. There is some dispute as to the line which the fire followed, but it eventually reached and set fire to the defendant’s warehouse. The defendant contends that it is a matter of conjecture whether the grass fires were communicated to the building by the grass and [19]*19weeds adjacent to the building or whether it was a high fire which reached over the intervening space and so set fire to the building. Some time after the warehouse began to burn, the Riley house and garage were set on fire and here again there is a dispute, the defendant claiming that there is no evidence other than conjecture upon which to base the conclusion that the fire was caused by burning substances from the defendant’s warehouse rather than burning grass or leaves or from other burning structures in the vicinity.

Upon a careful review of the evidence it is considered that there is a jury question, first, as to whether the defendant spaded the ground or cut the grass; second, as to whether the fire communicated to the warehouse by means of the long dry grass and weeds adjacent to the building; and finally, whether the Riley house was burned by fire communicated from the burning warehouse. No useful purpose will be served by setting out in detail the evidence with respect to these questions.

The most serious contention raised here other than the sufficiency of the evidence to support the verdict relates to the matter of causal connection between the defendant’s negligence, that is, the defendant’s failure to cut the weeds and grass and spade the ground, and the burning of plaintiffs’ property. The jury found that the defendant’s warehouse was set on fire by a grass fire, that in the exercise of ordinary care the defendant was required to cut the grass and weeds and spade the ground, and found that negligence in each respect was the cause of the burning of the Riley house. Seasonably upon the trial the defendant requested the court to submit to the jury an inquiry as to whether or not the Riley house was ignited by burning oil and grease stored in the warehouse of the defendant. It was the defendant’s claim upon the trial that even if it should be found that the fire was communicated to the warehouse through the burning of the grass and weeds rather than overhead, there was evidence in the case which showed that the Riley house was ignited be[20]*20fore the oil and grease in the warehouse took fire; that therefore the Riley house would have been destroyed even had there been no oil and grease stored in the warehouse and there was therefore no causal connection between the storage of the oil and grease and the destruction of plaintiffs’ property. The contention of the defendant, in other words, is that in order to recover the plaintiffs were obliged to establish that plaintiffs’ property was destroyed by a fire set from oil and grease, and that if it was set by burning particles of the building before the oil and grease were ignited there was no liability.

The law of negligence with respect to causation is stated in secs. 306 and 307, Tentative Draft No. 8, Restatement of Torts, American Law Institute, as follows:

“The actor’s negligent conduct is a cause of another’s injury if his conduct is a substantial factor in bringing it about.” Disregarding an exception not material here, “the actor’s negligent conduct is not a substantial factor in bringing about another’s injury if it would have been sustained even if the actor had not been negligent.”

The jury found upon competent evidence that the defendant in the exercise of ordinary care, in view of the use to which it put the building in question, was required to cut the grass and weeds and spade the ground to the south of its warehouse. It was the failure to perform this duty which resulted in the communication of the fire to the warehouse as found by the jury. There is abundant evidence to sustain a finding that as a result of the burning of the warehouse the plaintiffs’ property was destroyed. It was not incumbent upon the plaintiffs to go further and show that their property was destroyed as a result of burning oil and grease. While the presence of oil and grease imposed the duty in the exercise of ordinary care to cut the weeds and grass and spade the ground, if the plaintiffs established that the failure to perform that duty was a substantial factor in the destruction of the [21]

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120 N.W.2d 130 (Wisconsin Supreme Court, 1963)

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Bluebook (online)
252 N.W. 183, 214 Wis. 15, 1934 Wisc. LEXIS 49, Counsel Stack Legal Research, https://law.counselstack.com/opinion/riley-v-standard-oil-co-of-indiana-wis-1934.